Almost every week I receive a phone call from a person who is unhappy with their personal injury attorney and want to know if they can fire their attorney. They also wonder what will happen if they fire their attorney. Here are some things to consider.
If you are involved in an auto accident, slip and fall, motorcycle accident, or any other personal injury case, you can fire your lawyer at ANY time. If your lawyer was working on a contingent fee (taking 33% of the settlement) he or she has a right to be paid for the work they have already completed prior to settlement. The attorney will probably place a lien on the file ensuring they are paid for the work they have done. Usually, this is no big deal. The next attorney will pay the old attorney’s lien out of the fee received in the case. That means that you still only pay 33% of your settlement or jury verdict. Hiring a different attorney will almost always cost no additional money!
My Attorney Never Returns My Calls
The most common reason I hear is: My car accident attorney never returns my calls or tells me what is going on with my case. Recently, I heard from a woman who left messages for her attorney for 4 months without a phone call. He did not finally call her until she threatened to fire him and find another attorney. This is unacceptable. Your attorney is going to be paid very well for his efforts and the least he or she can do is return your phone call.
An Extreme Example
I recently took on a legal malpractice claim because the previous attorney failed to work the case and file a lawsuit within the statute of limitations. The client was seriously injured following a motorcycle accident, but now is in danger of receiving no money for his pain and suffering and lost wages. He called his attorney every month for three years and could never actually get his attorney on the phone. The secretary constantly told the client that the case was “under control” and being handled. Unfortunately, the client found out too late that his motorcycle claim was not “under control”.
How I Choose To Do Business
This is not the way that I choose to do business. Not only do I handle all of my cases personally and answer all calls within 24 hours, my clients have my cell phone number! I am always available to my clients. I handle cases quickly and aggressively. If settlement is appropriate (sometimes a lawsuit is more appropriate), I will work fast to get a demand out soon after your medical treatment ends and begin working with the insurance company to obtain a great settlement.
The majority of my colleagues are talented attorneys who work very hard to obtain great results for their clients, and I am not advocating or recommending that you bounce from one attorney to another. What I am suggesting is: a) do your homework before hiring an attorney to see what type of reputation he or she has and whether there will be an open chain of communication; b) Consider hiring another attorney if your previous attorney never returns your calls or informs you of what is going on with your case.
My office handles things differently and I am confident that I am the right attorney to help you through your injury case. Give me a call and I will be happy to speak with you further.